Special File: Financial Investigations and
Confiscation of Proceeds from Crime

Financial
investigations for the confiscation
of crime proceeds

The majority of criminal offences is
aimed at acquiring economic
benefits. The importance of
targeting proceeds from crime in
efforts against corruption,
organised crime, money laundering
and other forms of economic crime is
therefore widely recognised:

Targeting
profits serves as a powerful
deterrent Leaving
criminals with their profits will
allow them to infiltrate and corrupt
the legal economyTaking
away of the profits removes the
instrument to commit future crimesTargeting
money helps target the top
management of criminal organisationsNeed
to hold up the rule of law and the
moral principle that nobody should
benefit from crime.

The Council of Europe’s strategy
against economic crime therefore
includes the strengthening of
financial investigations aimed at
the search, seizure and confiscation
of crime proceeds.

Standards

Relevant standards include in
particular:

The
Convention on Laundering, Search,
Seizure and Confiscation of the
Proceeds from Crime (ETS 141) The
Convention on Laundering, Search,
Seizure and Confiscation of the
Proceeds from Crime and on the
Financing of Terrorism (ETS 198)

Monitoring

The implementation of standards
related to financial investigations
is monitored by evaluation
mechanisms:

MONEYVAL
(the Anti-money Laundering
evaluation mechanism of the Council
of Europe)GRECO
(the Group of States against
Corruption) which covered proceeds
from corruption during its 2nd round
of evaluations.

The
PACO Proceeds project for countries
of south-eastern Europe (2001)A
best practice survey on the
confiscation of proceeds and the
reversal of the burden of proof
(1998)The
CARDS Regional Police Project for
south-eastern Europe, including
- A regional strategy on tools
against economic and organized crime
(2005)
- A training manual on financial
investigations and confiscation
(2006)
- A Memorandum of Understanding on
regional cooperation related to
financial investigations (2007)
- Overview of legislation for the
confiscation of proceeds of crime in
South-Eastern Europe The
MOLI projects in Russia and Ukraine,
the MOLICO project in Moldova and
the PROSECO project in south-eastern
Europe

COUNCIL OF EUROPE STANDARDS

Convention
on Laundering, Search, Seizure and Confiscation of the Proceeds
from Crime (CETS No. 141)English |
French

Convention
on Laundering, Search, Seizure and Confiscation of the
Proceeds from Crime and on the Financing of Terrorism (CETS
No. 198)English |
French